What Percentage of Personal Injury Cases Go to Trial in Georgia?

According to U.S. Department of Justice statistics*, only a small percentage of personal injury cases go to trial, or less than 5 percent. So, about 95 percent of injury claims are resolved through negotiation between the parties rather than through litigation.

If you have suffered an injury due to someone else’s negligence in Georgia, you might wonder whether your case will end up in court. Understanding how personal injury cases typically unfold can help you make better-informed decisions about your personal injury lawsuit.

Working with an experienced personal injury attorney who will prepare your case as if it is going to a trial can help make your claim as strong as possible. At R. Alan Cleveland, LLC, we have used this approach to secure over $170 million in compensation for our clients. We are ready to put our knowledge and background to work for you.

Why Do Most Personal Injury Cases Settle Before Trial?

You might be surprised to learn that many personal injury claims never reach the courtroom. Several key factors, including the following, contribute to the high settlement rate in personal injury cases:

• Time and efficiency — The trial process can take months or even years. On the other hand, settlements can resolve a case within a few months. Many injured people need compensation quickly to cover medical bills and lost wages, making a personal injury settlement an attractive option.
• Cost considerations — Trials generate substantial expenses for all parties involved, including court costs, expert witness fees, and attorney fees. The settlement allows both sides to avoid these extra costs, including the insurance company.
• Certainty of outcome — A trial verdict is highly uncertain because either party could win or lose. By settling, both sides maintain control over the result rather than leaving the decision to a judge or jury.
• Stress reduction — Trials can place considerable emotional strain on injured people, who must relive their traumatic experiences through testimony and cross-examination. Many prefer avoiding this added stress by reaching a fair settlement agreement.
• Client privacy — Unlike trials, which become part of the public record, settlements can include confidentiality provisions.

What Are the Most Common Types of Personal Injury Cases in Georgia?

Personal injury cases in Georgia span many incidents, but motor vehicle accidents comprise the largest category. Auto accidents are exceptionally high in the Atlanta metropolitan area, where traffic congestion often leads to collisions. Other frequent types of personal injury claims include the following:

• Slip and fall accidents — These accidents occur when property owners fail to maintain safe conditions.
• Workplace accidents — On-the-job injuries are particularly common in Georgia’s construction and manufacturing sectors.
• Medical malpractice — Negligence from medical providers may include surgical errors, misdiagnosis, and medication mistakes.
• Product liability — These cases involve defective products that cause injury when people use them as intended.
• Dog bites — Georgia law holds owners responsible when their pets attack others.

Are There Certain Types of Personal Injury Cases That Are More Likely to Go to Trial?

While most cases end in a settlement through negotiations, certain situations can make cases more likely to go to trial. The following circumstances could extend a case:

• Cases with disputed liability — Litigation may become more likely when both parties strongly disagree about who caused the accident.
• Complex medical malpractice claims — These often involve detailed expert testimony and challenging legal issues concerning the cause of a person’s injuries.
• Catastrophic injuries – When the stakes are exceptionally high due to severe injuries or permanent disability, one or both parties might choose to go to court.
• Multi-party accidents — Cases involving multiple defendants can complicate settlement negotiations.

What Types of Damages Are Awarded in Personal Injury Cases?

Georgia law allows injury victims to pursue several types of compensation, including the following damages:

• Medical expenses — Including past and future medical care related to the injury.
• Lost wages — Compensation for time missed from work and reduced earning capacity.
• Physical pain — Compensation for the physical pain experienced due to the injury.
• Emotional distress — Payment for psychological effects like anxiety, depression, and trauma.
• Loss of enjoyment — When injuries prevent participation in previously enjoyed activities.
• Property damage — Repair or replacement costs for damaged vehicles or other property.

The amount awarded depends on various factors, including injury severity, recovery time, and long-term effects on the victim’s life. A court may also award additional compensation, or punitive damages, to punish the wrongdoer in cases involving extreme negligence or intentional harm. Contact our Athens personal injury lawyer today.

What If I Am Partly at Fault for the Accident That Caused My Injuries?

Georgia follows a modified comparative negligence rule. Under this law, you can still receive compensation if you are less than 50 percent at fault for the accident. However, to account for your shared responsibility, a court will reduce your compensation according to your percentage of fault.

For example, suppose the accident caused $100,000 in losses, but you were found to be 20 percent at fault. In this scenario, you would be eligible to receive $80,000.

This rule makes it crucial to work with an experienced personal injury lawyer who can help establish the facts of your case and protect your right to compensation. By thoroughly investigating your case, your attorney can minimize any claims of shared fault that could reduce your financial recovery.

Contact a Georgia Personal Injury Lawyer

Whether your case settles or goes to trial, having skilled legal representation significantly increases your ability to recover fair compensation. At R. Alan Cleveland, LLC, we prepare every case thoroughly from day one, building strong evidence to support your claim.

Attorney R. Alan Cleveland has spent his career fighting for injured victims throughout Georgia. His track record of success includes multi-million-dollar verdicts and settlements. Our team provides personalized attention to every client. We can talk, text, or message you anytime if you have questions about your case.

We represent clients on a contingency fee basis, which means you pay nothing unless we win your case. Our team aims to remove all unnecessary stress from your case so that you can focus on your recovery while we handle the legal process. To learn more and discuss the specific facts of your case, contact us today and receive a free consultation.

*department of justice statistics